From Casetext: Smarter Legal Research

Watts v. Rodriguez

Court of Appeals of Texas, Third District, Austin
Mar 24, 2006
185 S.W.3d 931 (Tex. App. 2006)

Opinion

No. 03-06-00092-CV.

March 24, 2006.

From the District Court of Travis County, 345th Judicial District, No. GN404093, Stephen Yelenosky, Judge Presiding.

Craig L. Reid, Carla G. Connolly, Connolly Castagna, LLP, Austin, for appellant.

Rockne W. Onstad, The Onstad Firm, Austin, for appellees.

Before Justices B.A. SMITH, PURYEAR and WALDROP.


ORDER


Appellant Clark Watts, M.D. has filed a motion asking this Court to issue temporary orders staying the commencement of a trial in the trial court pending our resolution of the appeal. Section 51.014(b) of the civil practice and remedies code provides that an interlocutory appeal filed under section 51.014(a)(9) stays the commencement of trial, although other pretrial matters may proceed. Tex. Civ. Prac. Rem. Code Ann. § 51.014(b) (West Supp. 2005). Appellant states that his appeal was filed under section 51.014(a)(9), automatically triggering a stay of trial under section 51.014(b). The statutory stay becomes effective as soon as the interlocutory appeal is taken, therefore, temporary orders by this Court staying the commencement of trial are unnecessary. We overrule appellant's motion for temporary orders.

It is ordered March 24, 2006.


Summaries of

Watts v. Rodriguez

Court of Appeals of Texas, Third District, Austin
Mar 24, 2006
185 S.W.3d 931 (Tex. App. 2006)
Case details for

Watts v. Rodriguez

Case Details

Full title:Clark WATTS, M.D., Appellant, v. Roger Renee RODRIGUEZ and Dorothy…

Court:Court of Appeals of Texas, Third District, Austin

Date published: Mar 24, 2006

Citations

185 S.W.3d 931 (Tex. App. 2006)

Citing Cases

Krasnicki v. Tactical Entm't, LLC

The stay allows no room for discretion and is effective immediately. See Watts v. Rodriguez, 185 S.W.3d 931,…

Escalante v. Rowan

We disagree, as the clear language of the statute imposes an automatic stay on all proceedings in the trial…